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Extra Bedroom

Pete at CAB
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Welfare Benefits Adviser’ for Citizens Advice Cornwall

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Joined: 12 December 2017

Cls are Social Housing tenants on UC.  They want to put forward a case for an extra bedroom as they are, because of disability, unable to share a bedroom.

Other than the need for one of them to get PIPS Sch 4 of the UC regs is very vague about the qualifying conditions. Does anyone know of any case law that gives an idae of what might or might not be a ‘reasonable’ reason for the couple not to be able to share a bedroom?

Elliot Kent
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Shelter

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Joined: 14 July 2014

You are essentially asking for the Rutherford/Carmichael decision from the Supreme Court - https://www.supremecourt.uk/cases/docs/uksc-2014-0125-judgment.pdf

The way I remember it, the test was described as a “transparent medical need” so this covered couples who could not share rooms but not more remote considerations such as needing a room to store equipment.

In practice, if a doctor advises that there are good medical reasons why the two cannot share a bedroom, it is hard to see how the decision maker will be in a position to second guess that.